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who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
<br /> voluntarily excluded from participation in this covered transaction, unless authorized by the department or
<br /> agency entering into this transaction.
<br /> 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
<br /> clause titled "Instructions for lower Tier Participant Certification" including the "Certification Regarding
<br /> Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction," provided by
<br /> the department or agency entering into this covered transaction, without modification, in all lower tier covered
<br /> transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
<br /> comply with 2 CFR parts 180 and 1200.
<br /> 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
<br /> covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
<br /> suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
<br /> is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
<br /> otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
<br /> eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
<br /> System for Award Management Exclusions website (https://www.sam.gov/).
<br /> 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
<br /> order to render in good faith the certification required by this clause. The knowledge and information of a
<br /> participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
<br /> course of business dealings.
<br /> 10. Except for transactions authorized under paragraph b of these instructions, if a participant in a covered transaction
<br /> knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9,
<br /> subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to
<br /> other remedies available to the Federal government,the department or agency may terminate the transaction for cause or
<br /> default.
<br /> Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered
<br /> Transactions
<br /> (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
<br /> principals:
<br /> (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
<br /> excluded from participating in covered transactions by any Federal department or agency;
<br /> (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
<br /> rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
<br /> to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
<br /> violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
<br /> falsification or destruction of records, making false statements, or receiving stolen property;
<br /> (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
<br /> State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
<br /> and
<br /> (d) Have not within a three-year period preceding this application/proposal had one or more public
<br /> transactions (Federal, State, or local) terminated for cause or default.
<br /> (2)Where the prospective primary tier participant is unable to certify to any of the Statements in this
<br /> certification, such prospective participant shall attach an explanation to this proposal.
<br /> Instructions for Lower Tier Participant Certification
<br /> 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
<br /> out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
<br /> 2. The certification in this clause is a material representation of fact upon which reliance was placed when this
<br /> transaction was entered in to. If it is later determined that the prospective lower tier participant knowingly
<br /> rendered an erroneous certification, in addition to other remedies available to the Federal government, the
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